Court : Mumbai
Reported in : AIR1945Bom251; (1945)47BOMLR100
..... at the time when the goods crossed into the limits of jharnanala. the word 'import' has been construed by the same court in hardwarimal harnathdas v. municipal board, dehra dun [1940] all. 4 as meaning 'bringing into' and not necessarily containing any element of pause or repose. in the case before us the practical difficulties in the ..... emperor v. sheikh ajmeri i.l.r (1933) all. 241. in that case, the municipal area consisted of two detached territories, and according to the municipalities act, octroi was payable in respect of goods and animals introduced within the octroi limits or brought within the municipal limits. a question arose whether the animals brought from one ..... in fact, manufactured within that area and whether, after being imported, they were going to be consumed in that area. for certain purposes, such as import duties acts, the word 'import' may connote that the manufacture must be also outside the area, the import into which is subject to the imposition of duties. but the .....
Tag this Judgment!Court : Mumbai
Reported in : (1965)67BOMLR903
..... any other proceeding a suit even if it is a proceeding instituted in a civil court, if it is not done by a plaint. in hansraj gupta v. official liquidators, dehra dun mussoorie electric tramway co , s.c. 35 bom. l.r. 319 the privy council had to deal with the meaning of the word 'suit' as used in section ..... 54 and vajeram v. purstiotumdas. again it may apply even to writ petitions which cannot be countenanced.13. we are also not satisfied that the tribunal under the motor vehicles act, acts as a court. it is undoubtedly true that, till 1960, in respect of such a cause of action, a suit could be filed. it is only in about 1960 ..... the object with which it appears to have been passed.we think the same principles apply in construing the notice. moreover, under 8. 501 of the bombay municipal corporation act, the municipal commissioner and the general manager have to make payment of any compensation claimed by a person with the sanction of the respective standing committees. therefore, the notices .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR170
..... taken of the meaning of the word 'discovery' and of the time at which that discovery must be held to have occurred. in hansraj gupta v. official liquidators, dehra dun-mussoorie electric tramway co. it was said (p. 24) :in the absence of special circumstances (and none exist here) the time at which an agreement is discovered ..... the contract as subsisting after the facts grounding the right to rescind came to their knowledge. ' election to affirm must, if to be gathered from action, be gathered from unequivocal acts' [per lord dune-din : abram steamship co. v. westuille shipping co. [1923] a.c. 77820. with all due respect to the chief court, their lordships think ..... the mortgage and as to theinclaim on the personal covenant being statute-barred : they also insist upon their right to relief under section 65 of the indian contract act. the defendants have not lodged a case nor have they appeared at the hearing : their lordships are indebted to learned counsel for the appellants who laid fully .....
Tag this Judgment!Court : Mumbai
Reported in : (1956)58BOMLR284
..... due' under the mortgage, the word 'due' has been judicially construed as meaning 'all moneys due, even though barred by the statute, of limitations.' in hansraj gupta v. official liquidators, dehra dun-mussoorie electric tramway co. (1932) l.r. 60 indap 18 : 35 bom. l.r. 319 the words 'any money due' in sub-section (1) of section 186 of ..... meanings should be given to the word 'due' in clause (b) of sub-section (3) of section 12 of the bombay rents, hotel and lodging houserates control act, 1947. this sub-section embodies the equitable principle judicially recognised both in england and in india that if the defaulting tenant pay to the landlord the rent in arrears and ..... vasudeva udpa v. krishna udpa i.l.r. (1920) 44 mad. 629 in which the madras high court had to interpret section 114 of the transfer of property act, which also contains provisions for relieving tenants against forfeiture for non-payment of rent. it was held in this case that under section 114 a tenant can be relievedagainst .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR891
..... in consequence of the dispute the government withheld payment of the malikana.19. on december 1 5, 1920, the plaintiff having first obtained the necessary certificate under the pensions act, 1871, launched against the defendant the present suit in the court of the subordinate judge of banda.20. by her plaint the plaintiff alleged (para. 9) that she was ..... appeal was allowed, and judgment of the subordinate judge was restored in respect of the villages in dispute, but the view of the courts below that under the pensions act, 1871, there was no jurisdiction in the absence of a certificate to deal with the malikana was affirmed : see deo kuar v. man kuar .15. as the result ..... .10. the subordinate judge gave judgment in favour of the mother in respect to the villages, but held that in the absence of a certificate under the pensions act, 1871, the court was not competent to deal with the malikana, the decision of the subordinate judge as to the villages was reversed on appeal to the high court .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom28; (1927)29BOMLR1563
..... sufficient for the decision of the appeal before them, and, therefore, that case cannot be cited as an authority with reference to the operation of section 29 of the act of 1871 on the rights of these mortgagors.11. it is not necessary in this view of the case to consider the decision in mahomed mehdi v. sakinabai i.l.r. (1912 ..... 1738, and therefore the suit to redeem became barred in 1848 unless in the meantime the required acknowledgment was given. their lordships say at p. 1010 of the report:-the act of 1871 provided the same limits of time for suits of this kind, and it added the provision (s 29) that at the expiration of the period thereby limited to any ..... words. now that very point came before this court in bhogilal v. amritlal i.l.r. (1892) 17 bom. 173, with reference to article 148 of the indian limitation act of 1871, where practically the same form of words are used. the facts there were that one jagjivandas was the manager of a joint hindu firm, and also the manager of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1969)71BOMLR732
..... may be stated that respondent no. 1 is currently holding an inquest into the death of the deceased roma kadambande in accordance with the provisions of the coroners act, 1871 (act no. iv of 1871) and at the said inquest the police or the state of maharashtra (respondent no. 2) are represented by counsel, respondent no. 3 (smt. koregaonkar) has ..... who died under suspicious circumstances has been held to be 'judicial proceeding', it stands to reason that a similar inquest held by the coroner of bombay under the coroners act, 1871, should be regarded as a 'judicial proceeding'. the argument though attractive has, in my view, no substance, for, the decision in in re laxminarayan karki is ..... proceeding' but in the strict sense of the term it cannot be a 'judicial proceeding'.9. secondly, on a careful examination of several provisions of the coroners; act, 1871, it will appear clear that the inquest can. be and often is held in the absence of a suspect and without any notice to him. it is true .....
Tag this Judgment!Court : Mumbai
Reported in : (1934)36BOMLR551
..... the assessment from time to time, but this suit was dismissed on technical grounds, viz., that it was not maintainable without a certificate under the pensions act, 1871 (act xxiii of 1871).11. meanwhile (1914-15) the revision survey was made applicable to malvan, and resulted in an increased government assessment. an application by the plaintiff for ..... a corresponding increase in payment resulted in his obtaining the necessary certificate under the pensions act, 1871, which enabled him to file the present suit in 1923, against the secretary of state for india in council. the plaintiff claimed in that suit a ..... desire to make two further observations. the first is that the decree of the high court cannot stand in its present form. under section 6 of the pensions act, 1871, it is not open to the plaintiff to obtain an order for payment. he can, however, obtain a declaration of his rights. the second is this, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom451; (1947)49BOMLR318
..... . mr. daphtary, however, has contended that in the present case refusal would necessarily imply refusal after demand. under rule 20 of the rules made under the pensions act, 1871, it is provided that pensions and grants will be paid only to those persons whose names have been authorisedly entered in the records as the payees thereof, or to ..... lordships held that article 120 was the relevant article so far as the malikana was concerned and then proceeded to observe as follows (p. 903):under the pensions act, 1871, however, there is in their lordships' opinion, no right of action at all in respect of such a subject matter as the malikana unless and until a ..... brother's widow died in 1920 after bequeathing her share in the malikana. on december 15, 1920, the daughter, having first obtained the necessary certificate under the pensions act, 1871, lodged against the defendant, in whose favour the aunt had disposed of her share of the malikana by a will, a suit for recovery inter alia of the said .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom496; (1945)47BOMLR360
..... the maintainability of the suit. the first point is that the suit is not maintainable under sections 4, 5 and 6 of the pensions act, 1871. it is contended that the jurisdiction of the civil court is barred in all suits relating to any pension or grant of money or ..... (13) of sch. ii of the provincial small cause courts act. article 13 says-a suit to enforce payment of the allowance or fees respectively called malikana and hakk, or of cesses or other dues ..... it was not a suit relating to a pension and did not fall under any of the sections 4, 5 and 6 of the pensions act.5. the other contention of the petitioner is that the small cause court has no jurisdiction to try the suit because it falls under article ..... chagla, j.1. this is a revisional application under section 25 of the provincial small cause courts act, 1887. the plaintiff sued to: recover her share of the desaigiri money received by the defendant for the years .....
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